Brooklyn Child Support Attorney
Child Support
Once the matter of child custody has been settled, in many cases, support payments are a question that is brought into play. More often than not, if the court awards full custody to one parent for any reason, the other parent will be required to pay support to ensure the wellbeing of their child. Of course, there are times that support happens outside of custody and divorce issues - for instance, children born out of wedlock are often a popular issue in Brooklyn family court cases.
In these more tricky situations, it is in the parents best interest to hire an attorney for child support in Brooklyn. These individuals will ensure all questions in regards to support laws and other issues are answered - however, it is also in every client's best interests to educate themselves on common questions regarding these laws to ensure that they have a full understanding of the laws themselves prior to reaching out to a lawyer. Additional information and answers to common questions in regards to support and financial services for children are provided below. What is child support?In essence, it is the amount of financial support, as determined by a judge and the Brooklyn family court system, that one parent must pay to the primary caregiver of the child after a divorce, separation, or a child is born outside of wedlock. Typically speaking, there are a variety of factors that go into determining the exact amount, in support, that one parent will pay to ensure that payments are fair. Ultimately, much like many child custody cases, the ultimate goal is to ensure that the child's best interests are met.
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How is it calculated?
There are a variety of ways that support payments can be calculated, depending upon your specific situation. However, the base amount of support, typically speaking, is calculated by considering the gross income, before standard deductions, that the paying party makes on a monthly basis. Once this is calculated, a standard amount - typically 17% for one child, 25% for two children, or 29% for three or more children - is deducted from the paying parent's check.
Typically, a family lawyer in Brooklyn will be able to guide you through the process and provide you with details on support payments. For instance, in some cases, the parent may be able to pay their support payment themselves, without having it automatically deducted from each check. However, this often depends on the arrangement agreed upon in court. Furthermore, it is important to note that failure to pay support payments in a timely manner can lead to legal repercussions, up to and including imprisonment.
Typically, a family lawyer in Brooklyn will be able to guide you through the process and provide you with details on support payments. For instance, in some cases, the parent may be able to pay their support payment themselves, without having it automatically deducted from each check. However, this often depends on the arrangement agreed upon in court. Furthermore, it is important to note that failure to pay support payments in a timely manner can lead to legal repercussions, up to and including imprisonment.
Is the payment amount permanent and set in stone, or can it be changed?
The overall percentage of income to be paid to the primary caretaker does not change unless the number of children conceived with the primary caretaker changes. However, the amount that is paid on a monthly basis can change if the paying parent's income information changes.
It is important to note that the paying parent is required to provide information in regards to their financial status to the support office upon request. A Brooklyn family court date can be set to ensure that support is being paid fairly and that adjustments be made. However, if a parent is to lose a job or otherwise change their overall income status, the total amount expected to pay on a monthly basis can change. This will, however, require proof of income status to ensure that support is being paid fairly.
Moreover, in some cases, should a parent choose to relinquish rights to a child, support payments can be stopped completely. This does require another court date, however, and valid reasoning for relinquishing of rights must be provided at that time. Parents who are attempting to avoid making timely support payments may be denied the ability to relinquish their rights to their children, depending on the circumstances as ruled by the court.
This is why it is often important to speak with a divorce lawyer in Brooklyn or a lawyer who specializes in child custody laws, to ensure that all issues on the matter of support payments, withholdings, and other issues are being properly addressed by each party.
It is important to note that the paying parent is required to provide information in regards to their financial status to the support office upon request. A Brooklyn family court date can be set to ensure that support is being paid fairly and that adjustments be made. However, if a parent is to lose a job or otherwise change their overall income status, the total amount expected to pay on a monthly basis can change. This will, however, require proof of income status to ensure that support is being paid fairly.
Moreover, in some cases, should a parent choose to relinquish rights to a child, support payments can be stopped completely. This does require another court date, however, and valid reasoning for relinquishing of rights must be provided at that time. Parents who are attempting to avoid making timely support payments may be denied the ability to relinquish their rights to their children, depending on the circumstances as ruled by the court.
This is why it is often important to speak with a divorce lawyer in Brooklyn or a lawyer who specializes in child custody laws, to ensure that all issues on the matter of support payments, withholdings, and other issues are being properly addressed by each party.
What is a temporary support order?
Temporary orders of support may be put in place for a variety of reasons. However, one of the most common times individuals will be issued temporary orders of support include during divorce hearings when one parent has primary custody of a child. This, typically, is to ensure the child's overall welfare and is often ruled based upon the best interest of the children.
These orders are put in place, usually, until the end of the divorce hearings. Divorce lawyers in Brooklyn are often able to provide individuals with the resources necessary to request a temporary support order - and these orders will remain in place until such time as the court proceedings are over, or until a new order has been put in place. It can be filed for once a complaint about divorce is filed but may take a few weeks to be successfully processed, depending on the circumstances surrounding your particular hearing.
Ultimately, it is best to discuss support options, as well as any other divorce, custody, and support information, with a divorce lawyer in Brooklyn to ensure that the best outcome. If you have questions or concerns in regards to a support order issued to you, you may also speak with a lawyer to determine if it is possible to revisit the order at this point in time.
Brooklyn family court law states that either parent may be required to pay support, depending on the custody of the child - in some cases, both parents may be required to pay in joint custody issues. Therefore, it is important to consult with a lawyer to determine what support laws may be applicable to you and your family.
These orders are put in place, usually, until the end of the divorce hearings. Divorce lawyers in Brooklyn are often able to provide individuals with the resources necessary to request a temporary support order - and these orders will remain in place until such time as the court proceedings are over, or until a new order has been put in place. It can be filed for once a complaint about divorce is filed but may take a few weeks to be successfully processed, depending on the circumstances surrounding your particular hearing.
Ultimately, it is best to discuss support options, as well as any other divorce, custody, and support information, with a divorce lawyer in Brooklyn to ensure that the best outcome. If you have questions or concerns in regards to a support order issued to you, you may also speak with a lawyer to determine if it is possible to revisit the order at this point in time.
Brooklyn family court law states that either parent may be required to pay support, depending on the custody of the child - in some cases, both parents may be required to pay in joint custody issues. Therefore, it is important to consult with a lawyer to determine what support laws may be applicable to you and your family.